Reserches On The Well-konwn Trademark Anti-dilution Theory

The beginning of the paper is introduction which introduces the origin andsignificance of the topic, trademark anti-dilution theory, the present situation ofsystem research, the thesis research ideas, methods and innovations.This thesis text is divided into three parts.The first part, the author starts from the mature basic theory of the trademarkdilution system and legislation practice of U.S. This paper introduces the anti-dilutiontheory and system of U.S. and Europe and put forward its own views of the mainissue for some of dilution theory. The anti-desalination system in the U.S. and Europehas experienced nearly one hundred years and basically formed the current matureanti-desalination system. This part consists of four sections. In the first section, theauthor describes the evolution of American desalination system; in the secondsection, the author discusses the basic content of the American anti-desalinationsystem from the concept of desalination behavior, types, constitutive requirements,nature, exception, relief and other aspects. The author put forward his views onsome theoretical issues. The author believed that degradation does not belong to thetypes of dilution behavior; the third section, the author briefly discusses theEuropean Unions evolution and basic contents of the desalination system; the fourthsection, the author discusses the convergence trend on the desalination system inthe U.S. and Europe.The second part, the author introduces the dilution theory in our countryslegislation and the present situation of judicial practice. The author analyzes theexisting problems and reasons and demonstrates the related problems. This part ismainly composed of two sections. The first section expounds the Chinas legislationand judicial interpretation on the desalination and its existing problems. The secondsection, this paper expounds the judge doing the positive study of the theory in thejudicial practice in China and application and problems. Although our countryspresent legislation system has not adopted dilution theory, the judge has applied thedilution theory on the case in the judicial practice. The article13of the trademark law itself does not break through the traditional confusion theory which leads to thejudge premises the likelihood of confusion as desalination infringement in the judicialpractice.In202009, Supreme Court judicial interpretation interprets the article13of thetrademark law for Chinas anti-desalination terms. However, this explanation still hasmany problems. Its effect of guiding practice remains to be further investigation.The third part, on the basis of the former three parts, the author analyzed thebackground of the system of globalization game. The author put forward somesuggestions to perfect our country’s trademark anti-dilution system which shouldfollow the principle and concrete suggestions. The author thinks that perfecting thetrademark anti-dilution in China should follow three principles: the principle oftrademark difference function and goodwill recognition function being bothimportant, the principle of public interests protection and the principle of unificationof legal system. Under the principle of the three, the author put forward somesuggestions of perfecting the desalination system: add the system of joint trademarkdefense trademark. By modifying the article13of the trademark law, it would dilutethe basic judgment of infringement which would be possible. The trademark lawshould add the system of trademark fair use. Desalt the constitutive requirementsthrough judicial interpretation. The judging standards of well-known trademarkshould not change to the general public. Bring non-functional design decoration ofwell-known trademark into anti-fade protection range through judicial interpretation.Give the different types of well-known trademark different protection throughjudicial explanation. Our country should solve the problems of the anti-dilutionprotection of foreign marks being not registered in our country through bilateralnegotiations. Trademark infringement of legal compensation should be on thepremise of subjective fault of a person.